Agenda item

To consider the attached report.

The three Councillors that presided over this item were Councillors R Morgan, B Rolfe and M Sartin.

The Chairman introduced the members and officers present and outlined the procedure that would be followed for the determination of the application. The Chairman welcomed Mr Cemal Albay the applicant. With him was the landlord of this current restaurant in Islington to act as a character witness.

(a)    Application before the Sub-Committee

The Licensing Compliance officer introduced the application for a new premises licence for a restaurant at Connaught House, 112/120 High Road, Loughton, IG10 4HJ. The application was for a new premises licence to include:

The provision of recorded music:

·         Monday to Thursday 08:00 to 23:00;

·         Friday to Saturday 08:00 to 23:30; and

·         Sunday 08:00 to 22:30.

The sale of alcohol:

·         Monday to Thursday 12:00 to 23:00;

·         Friday to Saturday 12:00 to 00:00; and

·         Sunday 12:00 to 22:30: and

Hours the premises will be open to the public:

·         Monday to Thursday 08:00 to 23:00;

·         Friday to Saturday 08:00 to 00:00; and

·         Sunday 08:00 to 22:30.

The Officer noted that the newspaper advertisement had to be amended due to mistakes being made to the original one.

There had been a representation received from Loughton Town Council and two local residents. Essex Police had agreed some extra conditions with the applicant and other responsible authorities were content with the application as it stood. There were no other objection.

(b)   Presentation of the Applicant’s Case

The Applicant Mr Albay advised the Sub-Committee that he had another restaurant in Islington and he had with him his current landlord to vouch for his character. He noted that he would be serving food along with wine and beer. As they were a small place, they did not want a bar; the drink would be served at the tables with the food. He reminded the Sub-Committee that the person who had the place before him had the same type of licence.

(c)    Questions for the Applicant from the Sub-Committee

The sub-committee enquired if Mr Albay would be the owner. He replied that he was the owner and also the licence holder. He had a restaurant in Islington where he had never experienced any problems.

The Sub-Committee asked why he had applied for an off-sales licence, did he need this. The Licensing Compliance officer confirmed that he had to have it and said that any bottles taken out of the restaurant had to be packaged. Also she added by way of explanation that although the previous owner had run it as a restaurant he had surrendered his licence so the applicant could not just take it over.

The Sub-committee expressed concern about the off sales of alcohol and asked how he would control it. The applicant said that he had been in the business for 19 year and was very experienced. The off sales was a service to their customers; if they had paid for a bottle of wine with their meal, they should have the right to take it away with them. They only sold wine by the bottle. Shots and beer were sold by the glass.

It was noted that it had been agreed with the police that any wine taken away had to be in a sealed container and had been sold with food.

The Sub-Committee remarked that his hours for the supply of alcohol were the same as his opening hours. Normally the sale of alcohol would stop half an hour before closing time to give some “drinking up” time. The Applicant said that he did not want this, as he stopped taking new customers by 11pm which enable the existing customers to finish by closing time.

(d)   Closing Statement from the Applicant

The Applicant had nothing more he wished to add.

(e)    Consideration of the Application by the Sub-Committee

The Chairman advised that the Sub-Committee would withdraw from the chamber whilst they considered the application in private. During their deliberations the Sub-Committee received no further advice from the officers present.

RESOLVED:

That the application for a new premises licence for Gem of Essex, Connaught House, 112/120 High Road, Loughton be granted subject to the following conditions which we consider are reasonable and proportionate for the promotion of the licensing objectives:

1.      The conditions consistent with the Operating Schedule as modified by the conditions which have previously agreed between the applicant and Perter Jones (Essex Police Licensing Officer) as set out in an email dated 2 October 2018 at 14:40 on pages 36 and 37 in the Agenda.

2.      The mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003.